N.Y.C. Civil Court, Kings County Rules Service of Notice On Jewish Holiday Was Insufficient

Summary

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Where the respondent observed Jewish holidays and the petitioner attempted to serve the respondent with a Notice of Termination on three separate occasions, each on a Jewish holiday, the respondent claimed the notices were not served in accordance with RPAPL Section 735(1).

Reviewing the facts in FPTK, LLC v. Paradise Pillows, Inc., Civil Court of the City of New York, Kings County Judge Jack M. Battaglia concluded the petitioner had reason to know the respondent's business was likely to be closed when affixation and attempted personal delivery were made. Therefore, none of the attempts were made at a time when there was a reasonable expectation of success, and the proceedings were dismissed.

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Extract

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N.Y.C. Civil Court, Kings County Rules Service of Notice On Jewish Holiday Was Insufficient

The Facts

The respondent, Paradise Pillows, Inc., occupies the subject premises as a month-to-month tenant. The petitioner, FPTK, LLC, the owner and landlord of the premises, attempted to terminate the tenancy of Paradise Pillows with a Notice of Termination.

Attempts were made to personally d...

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